,,ii #aafth ,,congress #ast ,session ,s4 #agdg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #e1 #bjai,mr4 ,merkley 7for himself1 ,ms4 ,baldwin1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to require that any trade agreement eligible for expedited consideration by ,congress include enforceable standards requiring paying adequate wages and maintaining sustainable production methods1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,level the ,playing ,field in ,global ,trade ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,adequate wages ,the term adequate wages-- 7,a7 means compensation for a regular work week that is sufficient to meet the basic needs of the employee and any dependents of the employee1 including reasonable discretionary income2 and 7,b7 includes1 at a minimum-- 7i7 the payment of the higher of the minimum wage or the appropriate prevailing wage2 7ii7 compliance with all legal requirements relating to wages 7including freedom of association relating to the bargaining relating to wages and related matters72 and 7iii7 the provision of such benefits as are required by law or contract4 7#b7 ,sustainable production methods ,the term sustainable production methods-- 7,a7 means the application of technologies and methods that are necessary to provide for workplace safety1 toxic waste control1 control of discharge of pollutants to air1 water1 and land1 and the reasonable conservation of energy and natural resources1 taking into account local standards and conditions2 and 7,b7 includes1 at a minimum1 the use of technologies and methods that would be required for similar production facilities in the ,united ,states4 #c4 ,ineligibility for expedited consideration by ,congress of certain trade agreements 7a7 ,in general ,no trade agreement with a country may receive expedited consideration by ,congress under the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae 7#ai ,u4,s4,c4 #dbja et seq47 or any other provision of law1 including any limitation on amendments or debate in either the ,senate or the ,house of ,representatives 7other than under rule ,,xxii of the ,standing ,rules of the ,senate1 as in effect on the date of the enactment of this ,act7 unless the agreement includes binding and enforceable requirements that all producers of merchandise exported to the ,united ,states from that country pay adequate wages and maintain sustainable production methods4 7b7 ,requirements ,for purposes of subsection 7a71 a trade agreement does not include binding and enforcement requirements described in that subsection unless the agreement includes provisions that-- 7#a7 require the parties to treat as forms of dumping or subsidies the failure to produce merchandise under conditions under which all employees receive adequate wages and sustainable production methods are maintained2 7#b7 provide for enforcement procedures substantially similar to the enforcement procedures provided for under the ,united ,states antidumping and countervailing duty laws described in subsection 7c72 and 7#c7 require the parties to establish a precertification system described in subsection 7d74 7c7 ,united ,states antidumping and countervailing duty laws described ,the ,united ,states antidumping and countervailing duty laws described in this subsection are title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afga et seq471 modified as follows3 7#a7 ,calculation of normal value ,the normal value of merchandise calculated under section #ggc7;a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg;b7a77 shall be increased by an amount equal to the estimated cost of producing the merchandise under conditions under which all employees receive adequate wages and sustainable production methods are maintained4 7#b7 ,demonstration of injury ,an interested party described in subparagraph 7,c71 7,d71 7,e71 7,f71 or 7,g7 of section #gga7i7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7i77 that files a petition with respect to merchandise under section #gcb7;b77#a7 of that ,act 7#ai ,u4,s4,c4 #afgc;a7b77#a77 shall be presumed to demonstrate that the party is materially injured or threatened with material injury by reason of imports of the merchandise unless-- 7,a7 the country from which the merchandise is exported is covered by a precertification issued under subsection 7d72 or 7,b7 the estimated cost under paragraph 7#a7 of producing the merchandise under conditions under which all employees receive adequate wages and sustainable production methods are maintained is equal to or greater than the cost of producing the merchandise in the ,united ,states4 7d7 ,precertification systems described 7#a7 ,in general ,a precertification system is described in this subsection if the system provides for the following3 7,a7 ,exporter- or producer-specific precertification ,if an exporter or producer of merchandise imported into a country that is a party to a trade agreement that meets the requirements of subsection 7a7 from another country or countries demonstrates to the satisfaction of an appropriate official of the country that is a party to the trade agreement that all merchandise from such other country or countries1 including significant components or ingredients of the merchandise1 was or will be produced under conditions under which all employees receive adequate wages and sustainable production methods are maintained1 the appropriate official shall issue to that exporter or producer1 upon request1 a precertification that covers all merchandise imported into the country that is a party to the trade agreement by that exporter or producer from such other country or countries4 7,b7 ,country precertification ,the appropriate official of a country that is a party to a trade agreement that meets the requirements of subsection 7a7 may issue a precertification for all merchandise imported from another country if the government of that other country maintains and enforces laws requiring all producers of such merchandise in that other country to pay employees adequate wages and to maintain sustainable production methods4 7,c7 ,safe harbor ,if the appropriate official of a country that is a party to a trade agreement that meets the requirements of subsection 7a7 issues a precertification under subparagraph 7,a7 or 7,b71 merchandise to which the precertification applies shall not be subject to an antidumping duty solely because a petition seeking the imposition of an antidumping duty filed with respect to the merchandise alleges that the merchandise was not produced under conditions under which all employees receive adequate wages and sustainable production methods are maintained4 7,d7 ,challenging precertification ,an interested party that files a petition seeking the imposition of an antidumping duty with respect to merchandise covered by a precertification issued under subparagraph 7,a7 or 7,b7 bears the burden of proving that the merchandise was not produced under conditions under which all employees receive adequate wages and sustainable production methods are maintained4 7#b7 ,use of third-party standards 7,a7 ,in general ,in implementing a trade agreement that meets the requirements of subsection 7a7 with respect to the ,united ,states1 the ,secretary of ,commerce1 the ,secretary of ,labor1 and the ,administrator of the ,environmental ,protection ,agency may jointly establish procedures pursuant to which obtaining certification from an organization described in subparagraph 7,b7 may demonstrate the eligibility of an exporter or producer for a precertification described in paragraph 7#a77;,a7 or the eligibility of a country for a precertification described paragraph 7#a77;,b74 7,b7 ,organization described ,an organization described in this subparagraph is an independent third-party organization that sets standards with respect to adequate wages or sustainable production methods4 7#c7 ,guidance on compliance ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,commerce shall publish in the ,federal ,register guidance with respect to how persons producing merchandise for exportation to the ,united ,states or seeking to import such merchandise into the ,united ,states may obtain a precertification described in subparagraph 7,a7 or 7,b7 of paragraph 7#a74 7#d7 ,appropriate official defined ,in this subsection1 the term appropriate official means-- 7,a7 in the case of the ,united ,states1 the ,secretary of ,commerce2 and 7,b7 in the case of any other country that is a party to a trade agreement that meets the requirements of subsection 7a71 an official designated by that country4 7e7 ,determination of compliance 7#a7 ,in general ,the ,united ,states ,international ,trade ,commission shall make a determination with respect to whether each trade agreement is in compliance with this section4 7#b7 ,public availability of trade agreement ,the ,commission shall make the full text of each trade agreement available to the public4